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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
National Self-exclusion Register (Cost
Recovery Levy) Bill 2019
No. , 2019
(Social Services)
A Bill for an Act to impose a levy on persons who
provide licensed interactive wagering services, and
for related purposes
No. , 2019
National Self-exclusion Register (Cost Recovery Levy) Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Act to bind Crown ............................................................................. 2
4
Extension to external Territories ....................................................... 2
5
Extra-territorial application ............................................................... 2
6
Definitions ......................................................................................... 2
7
Imposition of levy.............................................................................. 4
8
By whom levy payable ...................................................................... 4
9
Amount of levy .................................................................................. 4
10
Limit on total amount of levies .......................................................... 4
11
Designated levy periods and applicable percentages ......................... 5
12
The ACMA's upfront Register costs ................................................. 6
No. , 2019
National Self-exclusion Register (Cost Recovery Levy) Bill 2019
1
A Bill for an Act to impose a levy on persons who
1
provide licensed interactive wagering services, and
2
for related purposes
3
The Parliament of Australia enacts:
4
5
1 Short title
6
This Act is the
National Self-exclusion Register (Cost Recovery
7
Levy) Act 2019
.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
Section 3
2
National Self-exclusion Register (Cost Recovery Levy) Bill 2019
No. , 2019
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
At the same time as the
Interactive
Gambling Amendment (National
Self-exclusion Register) Act 2019
commences.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Act to bind Crown
10
This Act binds the Crown in right of each of the States, of the
11
Australian Capital Territory and of the Northern Territory.
12
However, it does not bind the Crown in right of the
13
Commonwealth.
14
4 Extension to external Territories
15
This Act extends to every external Territory.
16
5 Extra-territorial application
17
This Act extends to acts, omissions, matters and things outside
18
Australia.
19
6 Definitions
20
In this Act:
21
Section 6
No. , 2019
National Self-exclusion Register (Cost Recovery Levy) Bill 2019
3
ACMA
means the Australian Communications and Media
1
Authority.
2
applicable percentage
,
in relation to a designated levy period, has
3
the meaning given by section 11.
4
cost
, in relation to the ACMA, means an amount that, in
5
accordance with accrual-based accounting principles, is treated as a
6
cost of the ACMA.
7
designated levy period
has the meaning given by section 11.
8
interim period
means the period:
9
(a) beginning at the start of 30 November 2018; and
10
(b) ending immediately before the proclaimed start day.
11
levy
means levy imposed by this Act.
12
levy period
means:
13
(a) the period:
14
(i) beginning at the start of the proclaimed start day; and
15
(ii) ending at the end of 30 June next following the
16
proclaimed start day; or
17
(b) the financial year beginning on 1 July next following the
18
proclaimed start day; or
19
(c) a later financial year.
20
licensed interactive wagering service provider
has the same
21
meaning as in Part 7B of the
Interactive Gambling Act 2001
.
22
proclaimed start day
has the same meaning as in Part 7B of the
23
Interactive Gambling Act 2001
.
24
Register
means the National Self-exclusion Register kept under
25
section 61HA of the
Interactive Gambling Act 2001
.
26
Register arrangement
means an arrangement under subsection
27
61HA(1) of the
Interactive Gambling Act 2001
.
28
Register operator
has the same meaning as in Part 7B of the
29
Interactive Gambling Act 2001
.
30
Section 7
4
National Self-exclusion Register (Cost Recovery Levy) Bill 2019
No. , 2019
Register rules
has the same meaning as in Part 7B of the
1
Interactive Gambling Act 2001
.
2
the ACMA's upfront Register costs
has the meaning given by
3
section
12.
4
7 Imposition of levy
5
Levy is imposed on a person for a levy period if:
6
(a) the person was a licensed interactive wagering service
7
provider during the whole or a part of the levy period; and
8
(b) the person made at least one request to the Register operator
9
under subsection 61NC(1) of the
Interactive Gambling Act
10
2001
during the levy period.
11
8 By whom levy payable
12
Levy imposed on a person for a levy period is payable by the
13
person.
14
9 Amount of levy
15
(1) The amount of levy imposed on a person for a levy period is the
16
amount worked out in accordance with a method determined by the
17
ACMA by legislative instrument.
18
(2) Before making a determination under subsection (1), the ACMA
19
must consult the Minister.
20
10 Limit on total amount of levies
21
(1) The total amount of the levies imposed on persons for a levy period
22
must not exceed the sum of the following:
23
(a) the amounts paid, during the levy period, by the ACMA (on
24
behalf of the Commonwealth) to the Register operator under
25
a Register arrangement;
26
(b) the costs incurred, during the levy period, by the ACMA in
27
managing a Register arrangement;
28
(c) the costs incurred, during the levy period, by the ACMA in
29
relation to:
30
Section 11
No. , 2019
National Self-exclusion Register (Cost Recovery Levy) Bill 2019
5
(i) monitoring or promoting compliance with provisions of
1
Part 7B of the
Interactive Gambling Act 2001
; or
2
(ii) investigating whether persons have contravened
3
provisions of Part 7B of the
Interactive Gambling Act
4
2001
; or
5
(iii) taking action under the
Regulatory Powers (Standard
6
Provisions) Act 2014
, so far as that Act relates to
7
Part 7B of the
Interactive Gambling Act 2001
;
8
(d) the costs incurred, during the levy period, by the ACMA in
9
relation to the performance of its functions, or the exercise of
10
its powers, under:
11
(i) Part 7B of the
Interactive Gambling Act 2001
; or
12
(ii) this Act;
13
(e) the costs incurred, during the levy period, by the ACMA in
14
relation to a procurement process that resulted in, or was
15
intended to result in, the ACMA entering into a Register
16
arrangement;
17
(f) any other costs incurred, during the levy period, by the
18
ACMA in relation to:
19
(i) the development of the Register; or
20
(ii) the operation of the Register;
21
(g) if the levy period is a designated levy period--the applicable
22
percentage of the ACMA's upfront Register costs.
23
11 Designated levy periods and applicable percentages
24
(1) The ACMA may, by legislative instrument, determine that, for the
25
purposes of this Act:
26
(a) each of 2 or more consecutive levy periods specified in the
27
determination is a designated levy period; and
28
(b) the applicable percentage for a particular designated levy
29
period is the percentage specified in the determination.
30
(2) Different percentages may be specified for different designated
31
levy periods.
32
(3) The total of the applicable percentages must not exceed 100%.
33
Section 12
6
National Self-exclusion Register (Cost Recovery Levy) Bill 2019
No. , 2019
(4) Before making a determination under subsection (1), the ACMA
1
must consult the Minister.
2
12 The ACMA's upfront Register costs
3
For the purposes of this Act,
the ACMA's upfront costs
are the
4
sum of the following:
5
(a) the amounts paid, during the interim period, by the ACMA
6
(on behalf of the Commonwealth) to the Register operator
7
under a Register arrangement;
8
(b) the costs incurred, during the interim period, by the ACMA
9
in managing a Register arrangement;
10
(c) the costs incurred, during the interim period, by the ACMA
11
in relation to the performance of its functions, or the exercise
12
of its powers, under:
13
(i) Part 7B of the
Interactive Gambling Act 2001
; or
14
(ii) this Act;
15
(d) the costs incurred, during the interim period, by the ACMA
16
in relation to a procurement process that resulted in, or was
17
intended to result in, the ACMA entering into a Register
18
arrangement;
19
(e) any other costs incurred, during the interim period, by the
20
ACMA in relation to:
21
(i) preparing to establish the Register; or
22
(ii) the establishment of the Register; or
23
(iii) the development of the Register; or
24
(iv) the operation of the Register.
25